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Fifth Freedom, 1980-02-01

Fifth Freedom, 1980-02-01

5th Freedom Publication of the Mattachine Society of the Niagara Frontier Free FEB.1-!) CONSENSUAL SODOMy BEATEN DOWN On January 24, 1980, the Appellate Division on the Supreme Court in Rochester -- one of four courts at the second highest tier of the New York court systerm — issued an important decision striking down the New York consensual sodomy statute. The Rochester court has jurisdiction over western New York and, therefore, the immediate impact of the decision is to benefit residents in the western New York area who might otherwise have been subject to arrest for violation of the statute. The case involved Ronald Onofre from the Syracuse area. Ronald Onofre was convicted in Syracuse for consensual sodomy involving sex activity in his home. The case is extraordinary in that it is virtually impossible to find consensual sodomy cases in the courts where the acts occurred in private. As a result, the appeal of tho the case presented a unique opportunity to test whether the relatively new constituional doctrine of the "right to privacy" protects gays in their sexuaj expression — just as it had previously been held to protect access to birth control information, the right to have abortions and the right to privately possess obscene materials in one's own home. The court's decision was a ringing affirmation of the principle so many across the country have been working for — that one's private, adult and consensual sex activity is just that, private and no business of the government. The Appellate Division ruled that the law is unconstitutional and, in doing so, published an opinion adopt ing the key legal arguments pressed on behalf of the defendant. The court found the rights to be based on a "concept of personal freedom" including the right of an individual to "devolop his personal existence" as he or she sees fit. "Personal sexual -conduct is a fundamental right, protected by the right to privacy because of the transcendental importance of sex to the human condition, the intimacy of the conduct and its relationship to a person's right to control his or her own body.... The right is broad enough to include sexual, acts between non-married persons...and intimate homosexual conduct...." The public press has been confusing regarding the effect of the decision. Any judge may declare a statute unconstitutional if that is his/her conclusion. That judgement has statewide application if the issue is taken to the Court of Appeals in Albany, the state's highest court, and that court agrees with the judgement below. It is not known whether the District Attorney in Syracuse, will appeal the. Onofre ruling. Whether or not he does so, however, the issue will go to Albany. Two cases involving the same legal arguments are being taken from Buffalo City Court BOYCOTT TOWNE HOTS RThe boycott on lowne s Restaurant is in its rt.h month. The boycott was called by the Buffalo Area Lesbian and Cay Coalition (BALGC), in response to the restaurant owner's consistent practice of removing posters public i z Lng the gay rights march on Washington from the community bulletin board. J.n a new effort to settle this dispute in a manner acceptable to both the restaurant owner and gay people and their supporters, the BALGC entered into negoti.it ions with the owners of Towne on January 12. Coalition rep re sen _ *tatives explained to the owners that by removing the posters they were actively discriminating against gay people by refusing as access to the community bulletine board...a right freely given to any other individual or group. The solution the BALGC proposed was that the owner place a disclaimer on the bulletin board stating that the management did not necessarily support the activities or events advertised. BALGC' REFLECTIONS: MATTACHINE IN AN ELECTION YEAR BY G. ROGER DENSON 1980: An election year, but the local news for Gays isn't good. The Cay political movement has slowed to a virtual standstill. Yes, there has been a quasi-successful boycott of the Towne Red Hots restaurant organized by the Buffalo Area Lesbian & Gay Coalition (BALGC) and honored by Gays throughout Buffalo. Organizationally speaking, however, it looks bad. Mattachine, the once leading Gay organization on the Niagara Frontier has, after.eleven years of impetus, languished away to a mere ten or fifteen members. Meanwhile, the Gay bars ar,e thriving, fueled by a disco-thrilled, sexually aroused crowd which consists, in the majority, of Gay men. There are three Gay bars to speak of. The Villa Capri, Dominique's, and Mean Alice's and one explicitly gay restaurant, The Allen Street Restaurant. Meetings of Gay Proffessionals, a social organ- ization designed to be supportive to Gay men and Lesbians, is by all accounts, well liked and well attended. The Student Alliance for Gay Equality (SAGE) and the Gay Liberation Front are the local campus organizations. Gay Rights for Older Women (GROW), lesbian caucuses within the Buffalo Women's Liberation Union, the Emma Bookstore, and various area campus centers for women's resources are all enjoying the support of small numbers of lesbians. But why has Mattachine been abandoned by almost everyone? No one group of Gays or Lesbians have been more, persistent in its fight against sexual oppression on a regional level. Neither has any other organization consistently served the Gay community in lobbying, educational outreach, personal counseling, legal referral, and the betterment of social opportunities, the present Gay bars included. So where is the woman and man power to staff the Gay Hotline? To facilitate the counselor training sessions? Or to staff and distribute the sth Freedom? Is this apathy indicative of the national gay movement? Surely we have all paid heed to the media's announcement of the reemergence of the patriotic American right and the pavement set for them by the "inept" liberal administrations. But have these reports been accurate in 'reporting a general American mood? If so, how has this"new conservatism" NATIONAL MARCH ON WASHINGTON FOR LESBIAN & GAY RIGHTS y 200 Buffalo lesbians, pay men, and supporters went to Washington on Oct. 14 for the National March on Washington for Lesbian and Cay Rights. The Buffalo participants filled two busses, as we I 1 as a number of car poo Is. Drawing at Leasl 100,000 people from all types of organizations ,-ni(l from .-i 1 I areas of the eounl ry, the March was an tmportant mi lestone in the battle for gay rights. In the worths of march organizer Steve AuHI , it marked "the first time thai the Cay const i tuency has pulled together on a nationa I level .'; The March md Lcated I <» Wash Lngl on pel i t ie inns that gays are a sizable mi nor Lty in this conn try, and that they are strong enough to overcome their oppression, on a national political level. cont. p. 4 con't pg 6 (con't pg 3)

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5th Freedom Publication of the Mattachine Society of the Niagara Frontier Free FEB.1-!) CONSENSUAL SODOMy BEATEN DOWN On January 24, 1980, the Appellate Division on the Supreme Court in Rochester -- one of four courts at the second highest tier of the New York court systerm — issued an important decision striking down the New York consensual sodomy statute. The Rochester court has jurisdiction over western New York and, therefore, the immediate impact of the decision is to benefit residents in the western New York area who might otherwise have been subject to arrest for violation of the statute. The case involved Ronald Onofre from the Syracuse area. Ronald Onofre was convicted in Syracuse for consensual sodomy involving sex activity in his home. The case is extraordinary in that it is virtually impossible to find consensual sodomy cases in the courts where the acts occurred in private. As a result, the appeal of tho the case presented a unique opportunity to test whether the relatively new constituional doctrine of the "right to privacy" protects gays in their sexuaj expression — just as it had previously been held to protect access to birth control information, the right to have abortions and the right to privately possess obscene materials in one's own home. The court's decision was a ringing affirmation of the principle so many across the country have been working for — that one's private, adult and consensual sex activity is just that, private and no business of the government. The Appellate Division ruled that the law is unconstitutional and, in doing so, published an opinion adopt ing the key legal arguments pressed on behalf of the defendant. The court found the rights to be based on a "concept of personal freedom" including the right of an individual to "devolop his personal existence" as he or she sees fit. "Personal sexual -conduct is a fundamental right, protected by the right to privacy because of the transcendental importance of sex to the human condition, the intimacy of the conduct and its relationship to a person's right to control his or her own body.... The right is broad enough to include sexual, acts between non-married persons...and intimate homosexual conduct...." The public press has been confusing regarding the effect of the decision. Any judge may declare a statute unconstitutional if that is his/her conclusion. That judgement has statewide application if the issue is taken to the Court of Appeals in Albany, the state's highest court, and that court agrees with the judgement below. It is not known whether the District Attorney in Syracuse, will appeal the. Onofre ruling. Whether or not he does so, however, the issue will go to Albany. Two cases involving the same legal arguments are being taken from Buffalo City Court BOYCOTT TOWNE HOTS RThe boycott on lowne s Restaurant is in its rt.h month. The boycott was called by the Buffalo Area Lesbian and Cay Coalition (BALGC), in response to the restaurant owner's consistent practice of removing posters public i z Lng the gay rights march on Washington from the community bulletin board. J.n a new effort to settle this dispute in a manner acceptable to both the restaurant owner and gay people and their supporters, the BALGC entered into negoti.it ions with the owners of Towne on January 12. Coalition rep re sen _ *tatives explained to the owners that by removing the posters they were actively discriminating against gay people by refusing as access to the community bulletine board...a right freely given to any other individual or group. The solution the BALGC proposed was that the owner place a disclaimer on the bulletin board stating that the management did not necessarily support the activities or events advertised. BALGC' REFLECTIONS: MATTACHINE IN AN ELECTION YEAR BY G. ROGER DENSON 1980: An election year, but the local news for Gays isn't good. The Cay political movement has slowed to a virtual standstill. Yes, there has been a quasi-successful boycott of the Towne Red Hots restaurant organized by the Buffalo Area Lesbian & Gay Coalition (BALGC) and honored by Gays throughout Buffalo. Organizationally speaking, however, it looks bad. Mattachine, the once leading Gay organization on the Niagara Frontier has, after.eleven years of impetus, languished away to a mere ten or fifteen members. Meanwhile, the Gay bars ar,e thriving, fueled by a disco-thrilled, sexually aroused crowd which consists, in the majority, of Gay men. There are three Gay bars to speak of. The Villa Capri, Dominique's, and Mean Alice's and one explicitly gay restaurant, The Allen Street Restaurant. Meetings of Gay Proffessionals, a social organ- ization designed to be supportive to Gay men and Lesbians, is by all accounts, well liked and well attended. The Student Alliance for Gay Equality (SAGE) and the Gay Liberation Front are the local campus organizations. Gay Rights for Older Women (GROW), lesbian caucuses within the Buffalo Women's Liberation Union, the Emma Bookstore, and various area campus centers for women's resources are all enjoying the support of small numbers of lesbians. But why has Mattachine been abandoned by almost everyone? No one group of Gays or Lesbians have been more, persistent in its fight against sexual oppression on a regional level. Neither has any other organization consistently served the Gay community in lobbying, educational outreach, personal counseling, legal referral, and the betterment of social opportunities, the present Gay bars included. So where is the woman and man power to staff the Gay Hotline? To facilitate the counselor training sessions? Or to staff and distribute the sth Freedom? Is this apathy indicative of the national gay movement? Surely we have all paid heed to the media's announcement of the reemergence of the patriotic American right and the pavement set for them by the "inept" liberal administrations. But have these reports been accurate in 'reporting a general American mood? If so, how has this"new conservatism" NATIONAL MARCH ON WASHINGTON FOR LESBIAN & GAY RIGHTS y 200 Buffalo lesbians, pay men, and supporters went to Washington on Oct. 14 for the National March on Washington for Lesbian and Cay Rights. The Buffalo participants filled two busses, as we I 1 as a number of car poo Is. Drawing at Leasl 100,000 people from all types of organizations ,-ni(l from .-i 1 I areas of the eounl ry, the March was an tmportant mi lestone in the battle for gay rights. In the worths of march organizer Steve AuHI , it marked "the first time thai the Cay const i tuency has pulled together on a nationa I level .'; The March md Lcated I